PARMESHWAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned amicus curiae appearing for the appellant as well as learned Additional Public Prosecutor for the State.

(2.) The instant appeal has been preferred against the impugned judgment of conviction and sentence order dated 107.1994 passed by learned 12th Additional Sessions Judge, Munger in Sessions Case No. 736 of 1990 arising out of Dharhara P.S. Case No. 61 of 1990 by which and whereunder, learned trial Judge convicted the appellant for the offence punishable under Section 302/34 of the Indian Penal Code and accordingly, sentenced him to undergo life imprisonment for the above stated offence.

(3.) Pw-10, namely, Manish Kumar Tomar @ Mukesh gave his ferdbeyan to PW-14 on 12.07.1990 at 09:00 P.M. at Jamalpur police station to this effect that on the same day at about 06:30 PM. he along with his father Bimla Nand Singh (deceased) was going to Dashrathpur by Maxi No. BRH 5805 but the aforesaid maxi developed some mechanical problem. However, the driver and khalasi of the aforesaid maxi, anyhow, removed the defects and again proceeded towards their destination and while they were on way, the aforesaid maxi was stopped on the request of khalasi who was sitting on the roof of the aforesaid maxi. He further stated that when the aforesaid maxi stopped, three persons being armed with pistols entered into the aforesaid maxi and out of them, two persons asked the Bimla Nand Singh to get down from the maxi but when Bimla Nand Singh refused to obey the command and made protest, one person out of the aforesaid three persons shot fire on Bimla Nand Singh. Thereafter another person, too, shot fire on Bimla Nand Singh. The PW-10 described the features of the aforesaid persons and also described that aforesaid persons were wearing ganji and lungi. However, after making fire on Bimla Nand Singh, the aforesaid persons got down from the maxi and again three other persons entered into the maxi and out of the aforesaid three persons, PW-10 claimed to identify the appellant who asked his companions to see as to whether Bimla Nand Singh was alive or dead and if he is still alive, then shoot him again and thereafter, the companions of appellant again shot fire on the deceased Bimla Nand Singh and after the occurrence, they fled away from there. The father of PW-10 died instantaneously. The passengers of the aforesaid maxi also started running hither and thither. However, on the noise raised by informant and others, police reached there and informant (PW10) was brought to police station. PW-10 also disclosed that two empty cartridges and one pillet were lying in the aforesaid maxi. The informant further disclosed that his father used to make protest against the illegal activities of the appellant who was Mukhiya of Pachrukhi Panchayat and due to aforesaid protest, the appellant got inimical term with his father. On the basis of aforesaid ferdbeyan, Dharhara P.S. Case No. 61 of 1990 for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act was registered on 107.1990. The formal F.I.R. was drawn up on the same day and the F.I.R. was sent to concerned court through special messenger on the same day i.e. 107.1990. However, the F.I.R. was put up before the concerned Magistrate on 15.07.1990.